Terms of Service

(Last Updated: September 1, 2022)

OVERVIEW

‍This website is operated by ChinaCrunch.Throughout the site, the terms “we”, “us” and “our” refer to ChinaCrunch. ChinaCrunchoffers this website, including all information, tools and services availablefrom this site to you, the user, conditioned upon your acceptance of all terms,conditions, policies and notices stated here.By visiting our site and/ or proceed bookingthrough us, you engage in our “Service” and agree to be bound by the followingterms and conditions (“Terms of Service”, “Terms”), including those additionalterms and conditions and policies referenced herein and/or available byhyperlink. These Terms of Service apply to all users of the site, includingwithout limitation users who are browsers, space owners, customers, nomads,and/ or contributors of content.Please read these Terms of Service carefullybefore accessing or using our website. By accessing or using any part of thesite, you agree to be bound by these Terms of Service. If you do not agree toall the terms and conditions of this agreement, then you may not access thewebsite or use any services. If these Terms of Service are considered an offer,acceptance is expressly limited to these Terms of Service.Any new features or tools which are added tothe current store shall also be subject to the Terms of Service. You can reviewthe most current version of the Terms of Service at any time on this page. Wereserve the right to update, change or replace any part of these Terms ofService by posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Your continued useof or access to the website following the posting of any changes constitutesacceptance of those changes.
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1. Your Account and Registration
‍To use ChinaCrunch, you'll need to create anaccount. You must complete the registration process by providing ChinaCrunchwith the information prompted by the registration form, including e-mailaddress (username), password, and billing information. You agree to provide uswith complete and accurate information when you register for the Service, andto keep such information up to date.You are responsible for safeguarding yourlogin credentials. You are responsible for activity on your account, whether ornot you authorized that activity. You agree to notify ChinaCrunch immediatelyof any unauthorized use of your account or any other breach of securityrelating to your account or your use of the Service.ChinaCrunch may access your account, orinformation associated with your account, to provide support or maintenance,for security-related reasons, or any other business purpose. You acknowledgeand consent to such access.

2. Use of the Service

2.1 License
Subject to Customer’s compliance with the terms and conditions of thisAgreement, ChinaCrunch grants a limited, non-exclusive, non-transferable,license to access and use the ChinaCrunch Service.

2.2 Web Interface & API Token
Once your registration is completed, you are authorized to use the ChinaCrunchService. Based on your subscription plan you can use Web Interface Service orEnterprise API Service. To use the API you must use the token provided on youraccount page (“API Token”). You are responsible for all use that occurs underyour API Token, including any activities by you or your employees, contractorsor agents. If you believe an unauthorized person has gained access to your APIToken, you can re-generate a new token by going to your “Account", “Keyand Details” page. Performing this action will deactivate your previous issuedAPI token.

2.3 API Rate Limits
You will only access our API by the means described in our documentation. Weset and enforce limits on your use of the API (e.g. limiting the number of APIrequests that you may make in a month period), depending on your plan. If youwould like to use the API Service beyond these limits, you must choose a planthat is in accordance with your requirements.

2.4 API Usage & Display
If you intend to display API Data on your website, application or any otherplatform, you need to comply with the terms and conditions which allow limited,non-exclusive, revocable, non-assignable, personal, and non-transferablelicenses to create hyperlinks to their online services, so long as: (a) thelinks only incorporate text, and do not use any trademarks, (b) the links andthe content on your website, application or platform do not suggest anyaffiliation with or endorsement by the News Source or cause any other confusionregarding your relationship to the News Source or its affiliates or to theonline services, (c) the link opens in a new browser window and link to thefull version of applicable online services web page; and (d) the links and thecontent on your website, application or platform do not portray the News Sourceor its affiliates or its products or services in a false, misleading,derogatory, or otherwise offensive matter.

2.5 API Uptime
ChinaCrunch monitors the uptime of the API service every 5 minutes. ChinaCrunchwill not be responsible for lost of profits, revenues, or financial losses dueto any API downtime. For Business Plans, ChinaCrunch offers a Service LevelAgreement that includes Availability, Performance and Customer Suppport.

2.6 Accuracy of Materials
ChinaCrunch does not make any guarantees, representations or warranties as to,and shall have no liability for, the timeliness, truthfulness, sequence,quality, completeness, accuracy, validity or freedom from interruption on ourAPI Data or website.

2.7 Restrictions
When using the API service or the Platform, you may not (or allow those actingon your behalf to):
1. Sublicense the API for use by a third party. Consequently, you will notcreate an API Client that functions substantially the same as the APIs andoffer it for use by third parties.
2. Reverse engineer or attempt to extract the source code from the API or site.
3. Remove any copyright or other proprietary notations from the materials.
4. Attempt to circumvent any restrictions or limits placed on your API key oraccount (e.g. creation of multiple accounts).
This license shall automatically terminate if you violate any of theserestrictions and may be terminated by ChinaCrunch at any time, with or withoutcause, with or without notice, effective immediately (Section 3.5).

2.8 Feedback
If you provide any feedback (including identifying potential errors andimprovements) to ChinaCrunch concerning the API or any aspects of the Service(“Feedback”), you hereby assign to ChinaCrunch all right, title, and interestin and to the Feedback, and ChinaCrunch is free to use, reproduce, disclose,and otherwise exploit the Feedback without attribution, payment or restriction,including to improve the API or the Service and to create other products andservices. ChinaCrunch will treat any Feedback as non-confidential andnon-proprietary. You will not submit any Feedback that you considerconfidential or proprietary.

3. Terms of Subscriptions

3.1 Free Trial
ChinaCrunch offers, during the registration process, a one-time free trialperiod during which you can try out the Service for 14 days from the date youregister to use the ChinaCrunch Service without pre-paying in advance("Free Trial Period"). If you do not wish to continue with the ChinaCrunchService, you must cancel by the end of the Free Trial Period to avoid incurringany charges. If you do not cancel before the Free Trial Period expires, youauthorize us to charge your credit card or payment method on file, the fullcost of your Plan. Your Plan will then automatically renew and continuemonth-to-month unless and until you cancel your Plan. You will receive a noticefrom ChinaCrunch that your Free Trial Period is about to end. ChinaCrunchreserves the right to modify, cancel and/or limit the Free Trial Period offerat any time.

3.2 Payment
The fees for your Plan are billed in advance, are non-refundable, andautomatically renew on a monthly basis, as specified in your Plan. If youdowngrade your Plan level, your credit card will automatically be charged thenew rate beginning with your next billing cycle. Downgrading your Plan maycause the loss of API features, or capacity. ChinaCrunch does not accept anyliability for such loss. If you upgrade your Plan level, your credit card willimmediately be charged a pro-rated amount reflecting the increased rate, andyou will be charged the full amount of the new rate beginning with your nextbilling cycle. We reserve the right to change our subscription plans or adjustpricing for our service or any components thereof in any manner and at any timeas we may determine in our sole and absolute discretion.

3.3 Cancellations
The only valid method for canceling Basic and Pro Plans is sending yourwithdraw to email hello@china-crunch.com. If you cancel your subscription, youmay use your subscription until the end of your then-current subscription term;your subscription will not be renewed after your then-current term expires.

3.4 Refunds
Payments are non-refundable and there are no refunds or credits for partiallyused periods. Following any cancellation, however, you will continue to haveaccess to the service through the end of your current billing period. At anytime, and for any reason, we may provide a refund, discount, or credit. Theamount and form of such credits/refunds, and the decision to provide them, areat our sole and absolute discretion. The provision of credits/refunds in oneinstance does not entitle you to credits/refunds in the future for similarinstances, nor does it obligate us to provide credits/refunds in the future,under any circumstance.

3.5 Termination
Either party may terminate the Services at any time and for any reason. Toterminate your use of the API Service, please follow the steps described inSection 3.3 (Cancellations). We may terminate or modify your access to and useof the API Service, at our sole discretion, at any time and without notice toyou, for example, if you are not complying with these Terms or if you use the API Service in any way that would cause us legal liability or disrupt others’use of the API Service. We reserve the right to terminate your account if yoursubscription becomes delinquent due to past due invoices.

4. Privacy and Copyright Protection

4.1 Privacy Policy
By using our APIs, ChinaCrunch may use submitted information in accordance withour Privacy Policy.

4.2 DMCA Policy
ChinaCrunch is committed to respecting and protecting the legal rights of copyright owners. The Digital MillenniumCopyright Act established a process for addressing claims of copyright infringement that we have implemented for ChinaCrunch's services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through our service, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:
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1. A description of the copyrighted work that you claim is being infringed;
2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
3. Your address, telephone number, and email address;
4. The following statement: “I have a good faith belief that the use of thecopyrighted material I am complaining of is not authorized by the copyrightowner, its agent, or the law (e.g., as a fair use)”;
5. The following statement: “The information in this notice is accurate and,under penalty of perjury, I am the owner, or authorized to act on behalf of theowner, of the copyright or of an exclusive right that is allegedly infringed”;and
6. An electronic or physical signature of the owner of the copyright or aperson authorized to act on the owner's behalf. Our designated copyright agent to receive such claims can be reached by email: legal@china-crunch.com.
Further, ChinaCrunch does not warrant or makeany representations concerning the accuracy, likely results, or reliability ofthe use of the materials on its website or otherwise relating to such materialsor on any sites linked to this site.

5. Publicity
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential developers and customers, subject to your standard trademark usage guidelines as provided to us from time-to-time.

6. Liability for our API

6.1 Warranties
Our API Service, content and tools are provided "As is" and withoutwarranties of any kind. We disclaim all warranties, express or implied,including warranties of merchantability, fitness for a particular purpose,accuracy, completeness, availability, security, compatability andnoninfringement. Your use of the API Service, content and tools is at your owndiscretion and risk. We do not warrant that the API Service, content or toolswill be error-free, that access thereto will be uninterrupted, that defectswill be corrected, or that the API Service (or the servers that make suchcontent available) or tool is free of viruses or other harmful components. Wedo not warrant or make any representations regarding the use of tools or anycontent made available through the API Service. You hereby waive any claim againstus with respect thereto

6.2 Limitation of Liability
Under no circumstances shall ChinaCrunch be liable to you or to any otherperson or entity for any direct, indirect, incidental, special or consequentialdamages including lost profits, personal injury (including death) and propertydamage of any nature whatsoever, arising out of or in connection with use ofthe API Service, content or tools, even if ChinaCrunch has been advised of thepossibility of such damages. In no event shall ChinaCrunch’s total liability toyou for all damages, losses and causes of action whether in contract, tort(including negligence) or otherwise exceed the amount you paid (if any) foraccessing or using the API (and related content) or tools, or $100, whicheveris less. The limitations, exclusions and disclaimers in this section andelsewhere in these terms of use apply to the maximum extent permitted byapplicable law.

6.3 Indemnification
You agree to indemnify, defend, and hold ChinaCrunch, its parent, subsidiaryand affiliated companies, and each of their respective officers, directors,owners, employees, agents, representatives and assigns (collectively, the"Indemnified Parties") harmless from and against any and all losses,damages, liabilities and costs (including settlement costs and any legal orother fees and expenses for investigating or defending any actions orthreatened actions) incurred by the Indemnified Parties in connection with anyclaim arising out of any breach by you of these API Terms of Use or claims arisingfrom your use of the API (including, without limitation, any claim that yourApp violates or infringes upon any patent, trademark, copyright, trade secret,or other intellectual property or proprietary right of any person or entity, orviolates the right of publicity or privacy of any person, or defames any personor entity). You shall use your best efforts to cooperate with us in the defenseof any claim. We reserve the right, at our own expense, to employ separatecounsel and assume the exclusive defense and control of any matter otherwisesubject to indemnification by you. To the maximum extent permitted byapplicable law, you hereby release and waive all claims against the IndemnifiedParties from any and all liability for claims, damages (actual and/orconsequential), costs and expenses (including litigation costs and attorneys’fees) of every kind and nature, arising or in any way related to your use ofthe API (and related Content) and Tools.

7. General Provisions

1. Notwithstanding any provision hereof, forall purposes of the Terms of Use, you and ChinaCrunch shall be and actindependently and not as partner, joint venturer, agent, employee or employerof the other. You shall not have any authority to assume or create anyobligation for or on behalf of ChinaCrunch, express or implied, and you shallnot attempt to bind ChinaCrunch to any contract.

2. These Terms of Use shall be governed by andconstrued in accordance with the laws of the European Union and the laws of theEuropean Union, without giving effect to any principles of conflicts of law.

3. If any provision of these Terms of Useshall be unlawful, void or for any reason unenforceable, then that provisionshall be deemed severable therefrom and shall not affect the validity andenforceability of any remaining provisions. No waiver of any provision of theseAPI Terms of Use by ChinaCrunch shall be deemed a further or continuing waiverof such provision or any other provision, and ChinaCrunch’s failure to assertany right or provision under these API Terms of Use shall not constitute awaiver of such right or provision.

8. Entire Agreement
The Terms are the final, complete andexclusive agreement of the parties with respect to the subject matter hereofand supersedes and merges all prior discussions between the parties withrespect to such subject matter. If you have any questions about these Terms,please contact us at hello@china-crunch.com